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O-98-29ORDINANCE NO. 0 -98 -29 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN LEASEHOLD INTERESTS WITHIN THE SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA WHEREAS, the Village of Deerfield is authorized to acquire real estate, including the right to exercise eminent domain if necessary, for the purpose of acquiring real estate for downtown redevelopment pursuant to the provisions of 5/11 -61 -1 and 5/11- 74.4 -4 of Chapter 65 of the 1994 Illinois Compiled Statutes; and WHEREAS, by Ordinances 0-86 -66 and 0 -86-67 passed by the Mayor and Board of Trustees on December 15, 1986, as amended by Ordinances 0- 92 -54, 0 -92 -55 and 0- 98-02, the Village established a Tax Increment Financing District, adopted a Tax Increment Redevelopment Plan for its Village Center and designated a Redevelopment Project Area; and WHEREAS, a primary objective of said Redevelopment Plan is the assembly of land into sites of sufficient size and configuration to permit new commercial development; and WHEREAS, since adoption of the Redevelopment Plan, the Village has acquired real estate within the Village Center Tax Increment Financing District and with the Redevelopment Project Area; and WHEREAS, the Village has approved a preliminary PUD plan for the southwest quadrant of the Village Center Project Area as, defined in the Redevelopment Plan; and WHEREAS, the Village has entered into a Redevelopment Agreement for redevelopment of a portion of the southwest quadrant of the Village Center Project Area, as defined in the Redevelopment Plan, which area is generally described on Exhibit A attached hereto and made a part hereof; and WHEREAS, certain real estate and leasehold interests which are in the area described on Exhibit A are privately owned and are needed to be acquired as part of the Redevelopment Project; and WHEREAS, the President and Board of Trustees of the Village of Deerfield have determined that the acquisition of certain real estate hereinafter described for the purpose of redevelopment is necessary, useful, advantageous and desirable for the Village of Deerfield and the acquisition of said real estate constitutes a public purpose; a -1 : ORDINANCE NO. 0 -98- 29 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN LEASEHOLD INTERESTS WITHIN THE SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: SECTION ONE: That it is hereby determined that the certain real estate and leasehold interests described in the attached Exhibit B be acquired for the purpose of redevelopment. That the acquisition of said real estate and leasehold interests for the purpose of downtown redevelopment is necessary and is authorized by the Illinois Compiled Statues in such cases made and provided. SECTION TWO: That it is hereby. determined that it is necessary, useful, advantageous and desirable that the Village shall acquire title to and possession of the real estate and leasehold interests hereinabove described which real property and leasehold interests are necessary, required and needed for downtown redevelopment as part of the Tax Increment Redevelopment Plan for the public welfare, which real estate and leasehold interests lies wholly within the limits of the Village of Deerfield, and lies with the Redevelopment Project Area. SECTION THREE: That Village Manager, ROBERT D. FRANZ, and Special Legal Counsel, JOSEPH T. MORRISON, have negotiated with the owner or owners of the hereinabove described real estate for the purpose of acquiring the same by said Village, but have been unable to reach an agreement as to a price to be paid or he acquisition of the real estate and leasehold interests. SECTION FOUR: Since the Village is unable to agree with the owners of said property as to the compensation to be paid therefor, then title and possession of said real estate and leasehold interests legally described hereinabove shall be acquired by the Village of Deerfield through eminent domain and JOSEPH T. MORRISON, as special attorney for the Village, is hereby authorized, empowered and directed to institute proceedings in any court of competent jurisdiction to acquire title to and possession of said real estate and leasehold interests for said -2- ORDINANCE NO. 0 -98 -29 AN ORDINANCE AUTHORIZING THE ACQUISITION OF CERTAIN LEASEHOLD INTERESTS WITHIN THE SOUTHWEST QUADRANT OF THE VILLAGE CENTER PROJECT AREA Village in accordance with the eminent domain laws of the State of Illinois. SECTION FIVE: That this ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swartz (5) NAYS: None (0 ) ABSENT: Swanson (1) PASSED this 15th day of June , A.D. 1998. APPROVED this 15th day of June , A.D. 1998. VILLAGE CLERK -3- VILLAGE PRESIDENT' EXHIBIT A The area generally located south of Deerfield Road, west of Waukegan Road, north of Osterman Avenue and east of the Chicago Milwaukee Railroad Tracks. .. DEERFIELD COINIMOM SHOPPING CENTER PROPERTY Village Parcel Number 49 PLY: 16- 33- 101 -021 16 -33- 101 -019 16 -32 -204 -009 16 -32- 200 -009 16- 32- 204 -017 16 -32- 207 -001 (WEST OF W AUI�GAYF ROAD AND SOUTH OFD ERF ENTER YORK AVENUE PARKING LOTS) ROAD AND ROBERT .PARCEL 1: Lot 1 (except that par of said Lot I described as f ollows: Beginning at the northwest corner of said Lot 1, thence north 89 degrees 17 minutes 00 seconds east, along the north line of said lot, 42.12 feet to a point on the west line of Section 33 hereinafter described; thence south 15 degrees 35 minutes 46 seconds east 24.54 feet, thence south 74 degrees 44 minutes 58 seconds west, 40.85 feet to a point on the west line of said lot; thenc north 15 degrees 22 minutes 00 seconds west, along the west line of said lot, 35.11 feet to the point of beginning), Lots 2, 4 and 8, that part of Lot 3 lying northeasterly of a line described as running from a point on the easterly line of said lot, 146.472 feet southerly of the northeast corner thereof to a point on the northerly line of said lot, 23.244 feet westerly o "said northeast corner and lot 9 (except that par, of said Lot 9 described as follows: beginning at a point on the north line of said lot, 63.62 feet east of the northwest corner thereof; thence north 89 degrees 17 minutes 00 seconds east, along the north line of said lot, 145.11 feet to the northeast corner thereof; thence south 15 degrees 22 minutes 00 seconds wst, along the easterly line of said lot, 35.11 feet; thencc south 44 degrees 26 minutes 46 seconds west, 40.38 feet to a point on a line described as running from a of the north line of said lot, 49.12 feet west of the northeast comer thereof to a i p nt on nt on the so line of said lot, 23.244 feet west of the southeast corner thereof, thence south 25 degrees 54uth — minutes 17 seconds east, along the aforesaid described line, 64.24 feet to the south line of said lot; thence south 79 degrees 38 minutes 41 seconds west, along the south line of said lot, 62.45 feet; thence north 35 degrees 32 minutes 06 seconds west, 159.60 feet to the point of beginning) all in Deerfield Commons, being a consolidation of parts of Lots 4 and 5 in Phileman Cadwell's addition -to Deerfield in Section 33 and part of the northeast 1/4 of Section 32, Township 43 No Range 12, east of the Third Principal Meridian, according to the plat of said Deerfield Commons recorded January 27, 1959 as Document 1018813, in Book 34 of Plats, Page 99 in Lake County, Illinois. PARCEL 2: A tract of land in the Northeast Quarter of Section 32, Township 43 North, Rarge 12, east of the Third Principal Meridian, described as follows: Commencing at the northeast corner of the Depot Grounds of the Chicago, Milwaukee and St. Paul Railroad (now. known as Chicago, Milwaukee, St. Paul and Pacific Rail Company), being also the southeast come: of Lot 2 in, Deerfield Commons, being a consolidation of parts of Lot: 4 and 51in Phiiernar. Cadwell's Addiiion to Deerfield recorded January 27, 1959, as Document 1018813; thence south 89 Degrees 17 Minutes 00 Seconds west 129.49 feet to the southwest corner of said Lot 2; thence south 15 Degrees 51 Minutes 07.5 seconds east 109.206 feet along the southeasterly extension of the southwesterly line of said Lot 2 to the point of intersection with the southwesterly extension of the south easterly line of Lot 9 in said Deerfield Commons; thence north 79 Degrees 38 il�iinutes 41 Seconds east 125.575 feet to the southwest corner of said Lot 9; thence nosh 15 Degrees 51 Minutes 07.5 seconds west 87.425 feet along the southwesterly line of said Lot 9, being also the northeasterly line of said Depot Grounds of the Chicago, Milwaukee and St. Paul Railroad (now known as Chicago, Milwaukee, St. Paul and Pacific Railroad Company), to the place of beginning, in Lake County, Illinois. The following real estate and leasehold `interests are to be acquired: The" leasehold interest in and of that portion of the Deerfield Commons Shopping Center commonly referred to as "Jewel," that being Store No. 1 in the Deerfield Commons Shopping Center, 716 Waukegan Road, Deerfield, Illinois, as described in a lease dated February 21, 1958, and as may be described in any subsequent amendments to that lease. 2. The leasehold interest in and of that portion of the Deerfield Commons Shopping Center commonly referred to as "Artemis," that being Store No. 20 in the Deerfield Commons Shopping Center, 708'/ N. Waukegan Road, Deerfield, Illinois as described in a lease dated January 23, 1992, and as may be described in any subsequent amendments to that lease.